Font Size: a A A

Legal Ideal Prospect:“Political Not Metaphysical”

Posted on:2017-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:S Y LvFull Text:PDF
GTID:2296330503987663Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The legal ideal picture of Deng-Zhenglai is not to put forward a set of substantial pictures,which is perfect and its main contents are values, principles and norms.It is in the critical relationships with critical way of thinking.Therefore, if we want to exploit its ideological significance fully, we can not be divorced from its underlying political philosophy stance,also we cant we cannot find or assume the normative foundation abstractly. We must return to the premise criticism in accordance with original idea. This paper argues that, "Deng-Zhenglai problem" is not just a question about the Chinese Modern conceptual framework or theoretical paradigm, but is an expression of the concept of legitimacy, attitude and pattern. This concept of justification or pattern is completely different in the structure.First We have set up a three-tier dialogue context,which is about “the modern of modernity”,“specification of modernity”,“Political rather than metaphysical”.It is used to explain why the legal ideal picture can show a legitimate proposition in the context of Chinese modernity.“Anti-modern modernity theory”has made Deng zhenglai statements free from the norms of modern narrative,and put it in the "anti-modern" ideology.While demonstrating its "anti-modern" narrative mode, it has revealed the opposition about the the legitimacy of China’s attitude problems and modern paradigm.“Normative position of modernity ”has illustrated the opposite of the problems, that is the kind of pre-modern theory and its logical constructed norms,such as the dualism of traditional and modern, the orders in one-dimensional,the embedded moral, the abstract moral theory. Their purpose is to show that due to limited by teleological view of the world and the way of thinking, the modern value program unable to act as evaluation. Because it has ignored the “the essence of historical relationship”,and degenerated into a kind of "abstract". In fact, “Political rather than a metaphysical” is the handling of rawls’ philosophical ideas. It has clarified the legitimacy characteristics of Deng Zhenglai. It has not only retained the characteristics of practicality and public. It is also has the characteristics of unmoral,non-value. In other words, although there is no direct legal modernity programs or normative orientation, still it is modern.In this context, we make the propositions of the legal ideal picture more conceptional.We take it as a essential factor of the legitimacy concept of Deng zhenglai,include “the paradigm of modernity”,“structure of the world”,“survivability wisdom”,“two origins of order”and so on.Specifically,“modernization paradigm”has criticized the abstract nature of the legitimate mode. All in all, because of its hold teleological view of history,that makes it impossible to provide a universal doctrine of justification, leading to the separation of modernity and the public.The concept of the “world structure”has broken the traditional and modern historical narrative and the connotation of the consciousness of time and space.It will split time relationship for the space relationship,and set up the consciousness of "China of subjectivity".The idea of“survivability wisdom”, On the one hand has resolved the ideological nature of the modern paradigm, On the other hand, has got rid of the pure moral abstractions by practice orientation, standard position, local knowledge and so on.The two origins of order has indicated thatthe critique of political economy can be used in the defense of social order in addition to the moral theory. It is through the individual liberation from the moral order of the discipline, let it directly in the face of their own basic survival awareness and instinct. And deng zhenglai concept of legitimacy has expressed such a kind of criticism. At the same time, its philosophy Outline of the proposed law also shows that it also made a return to the social order to the moral order of declaration.Ultimately, the concept of legitimacy of Deng zhenglai is the Legitimacy of ideas. The Chinese practical experience as the source of legitimacy theory and system innovation. Rethinking the Chinese “political identity”and “cultural identity”, China has freed from category stark empirical logic in enforcement. He eventually told us that under the historical background of the "modern" civilization conflict, in the "world structure" of capitalist globalization, a practice oriented moral theory is possibl.
Keywords/Search Tags:the legal ideal picture, modernity, legitimacy, critique of political economy, moralism
PDF Full Text Request
Related items